IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.4552/2019 Between:
Jayarama H.V., S/o Late Venkatanarasaiah, Aged about 29 years, Residing at N. Hosapalya Village, Kuduru Hobli, Magadi Taluk, Ramanagara District – 562 159. … Petitioner (By Sri Ramesha H.N., Advocate) And:
The State of Karnataka, By Kuduru P.S., Rep. by State Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001. … Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C., praying to enlarge the petitioner on bail in Cr. No.65/2019 of Kuduru Police Station, Ramanagara for the offence p/u/s 304B r/w 34 of IPC.
This Criminal Petition coming on for orders this day, the Court, made the following:
ORDER Petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No.65/2019 for the offences punishable under Section 304(B) read with Section 34 of IPC.
2. The case of the prosecution is that a complaint was lodged by the father of the victim stating that on 14.11.2013 his daughter was married to petitioner. It is stated that the petitioner and his daughter had a child from the said wedlock. The complaint makes out a case that the petitioner was harassing the deceased and demanding dowry. It is alleged that on 15.03.2019, the deceased had committed suicide by consuming pesticide. It is further stated that the petitioner’s wife was shifted to the hospital by the petitioner himself and that as treatment did not bear fruit, she died.
3. Learned counsel for the petitioner states that proof of offence is a matter for trial. As to whether the alleged acts of harassment of the petitioner led the deceased to commit suicide is a matter to be established during trial. It is further stated that the petitioner is in custody since 14.05.2019 which is a reasonable time afforded for custodial interrogation. It is submitted that the present proceedings cannot be considered to be punitive in nature and hence, the petitioner is entitled to be enlarged on bail. It is submitted that the other accused who are family members of the petitioner are enlarged on bail.
4. Taking note of the fact that the petitioner is in custody since 14.05.2019, the question as to whether the acts of the petitioner and other accused drove the deceased to commit suicide is a matter that has to be proved during trial. The present proceedings cannot be treated to be the proceedings for punishment.
5. Accordingly, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No.65/2019 for the offences punishable under Section 304(B) read with Section 34 of IPC, subject to the following conditions:
(i) The petitioner shall appear in person before the Investigating Officer in connection with Crime No.65/2019 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with a surety for the likesum before the concerned court.
(ii) The petitioner shall physically present himself and mark his attendance before the concerned Station House Officer, once a week between 10.00 a.m. and 5.00 p.m., till conclusion of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
6. In light of disposal of the petition, no orders are called for as regards I.A.No.1/2019, as the same has been rendered redundant.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VP